Patna High CourtCR. MISC./23878/2017dismissed

Munna Yadav v. The State Of Bihar

2017-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23878 of 2017 Arising Out of PS.Case No. -9 Year- 2012 Thana -JEHANABAD RAIL P.S. District- PATNA ======================================================

1. Munna Yadav, son of Marchhu Yadav, resident of Village- Salempur, P.S.- Jehanabad (Karauna O.P.), District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 Heard the parties.

This application is for grant of regular bail in connection with G.R.P. Jehanabad P.S.Case No.09 of 2012, registered for the offences punishable under Sections 365 and 368/34 of the Indian Penal Code.

The petitioner is named in the F.I.R. and the allegation against him is that he kidnapped the brother of the informant and since then, he is traceless.

Submission of the learned counsel for the petitioner is that there is general and omnibus allegation and that too on the basis of suspicion, and the other co-accused persons have been granted anticipatory bail by this Court, vide order dated 4.10.2012 passed in Cr. Misc. No.29973 of 2012 and the petitioner is in

Patna High Court Cr.Misc. No.23878 of 2017 (3) dt.17-07-2017 2/2 custody for about four months.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and from perusal of the impugned order, it appears that vide order dated 09.01.2013 passed in Cr. Misc. No.44976 of 2012, his prayer for anticipatory bail was rejected and he was directed to surrender within a period of six weeks but he did not surrender and ultimately he surrendered on 13.03.2017.

Considering the conduct of the petitioner as well as alleviation, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months and if not concluded, the petitioner is at liberty to renew his prayer for bail bond before the court concerned itself.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U